[Amended 1-7-2013 by Ord.
No. 2013-01]
In accordance with the provisions of Section 2322 of Article
XXIII of the Second Class Township Code, as amended (53 P.S. § 67322), no railroad or street railway shall hereafter be constructed upon any Township road, nor shall any railroad or street railway crossings, driveway connections, gas pipe, water pipe, electric conduits, or other piping be laid upon or in, nor shall any telephone, telegraph, or electric light or power poles, or any coal tipples or any other obstructions be erected upon or in, any portion of a Township road, except under such conditions, restrictions and regulations relating to the installation and maintenance thereof, as may be prescribed in permits granted by the Township for such purpose.
[Amended 1-7-2013 by Ord.
No. 2013-01]
The application for a permit shall be on a form prescribed by
the Township and submitted to the Township in duplicate. The application
shall be accompanied by a fee in accordance with the schedule of fees
set forth by the Department of Transportation for highway occupancy
permits and restoration charges. In addition, the applicant shall
submit two copies of a sketch showing such dimensions as the location
of the intended facility, width of the traveled roadway, right-of-way
lines and a dimension to the nearest intersecting street.
A permit shall be issued to the applicant after all the aforementioned
requirements have been filed.
Upon completion of the work, the applicant shall give written
notice thereof to the Township.
[Amended 1-7-2013 by Ord.
No. 2013-01]
Upon completion of the work authorized by the permit, the Township
shall inspect the work and, when necessary, enforce compliance with
the conditions, restrictions and regulations prescribed by the permit.
In addition to that inspection, the Board of Supervisors or its agents
may reinspect the work not more than two years after its completion,
and if any settlement of the road surface or other defect appears
in the work contrary to the conditions, restrictions and regulations
of the Township, the Board of Supervisors may enforce compliance therewith.
In accordance with 53 P.S. § 67322, if the applicant fails
to rectify a defect which presents an immediate or imminent safety
or health problem within 48 hours or any other defect within 60 days
after written notice from the Board of Supervisors to do so, the Board
of Supervisors or its agent may do the work and impose upon the applicant
the cost thereof, together with an additional 20% of such cost, which
may be recovered by an action in assumpsit in the Court of Common
Pleas.
[Amended 1-7-2013 by Ord.
No. 2013-01; at time of adoption of Code (see Ch.
1, General Provisions, Art. I)]
Any person, firm, corporation or utility which shall violate
any of the provisions of this article shall be subject, upon conviction
before a Magisterial District Judge, to pay a fine of not more than
$1,000 and cost of prosecution, and in default of the payment of such
fine and costs to imprisonment in the county jail for not more than
90 days.
[Adopted 10-4-2006 by Ord. No. 2006-12]
This article shall be known as the "Schuylkill Township Rights-of-Way
Ordinance."
For the purpose of this article, the following terms, phrases,
words, and abbreviations shall have the meanings ascribed to them
below. When not inconsistent with the context, words used in the present
tense include the future tense, words in the plural number include
the singular number, and words in the singular number include the
plural number.
AFFILIATE
A person:
A.
With the direct or indirect ownership interest in the subject
entity of 5% or more or which controls such interest, including forms
of ownership such as general, limited, or other partnership interests,
direct ownership interests, limited-liability companies and other
forms of business organizations and entities but, not including corporation;
B.
With a stock interest in the subject entity where the subject
entity is a corporation and such stockholder or its nominee is an
officer or director of the grantee or who directly or indirectly owns
or controls 5% or more of the outstanding stock, whether voting or
nonvoting; or
C.
Which controls grantee and/or is controlled by or is under common
control with such person or entity.
CABLE SERVICE
The same meaning as used in the Communications Act.
COMMUNICATIONS ACT
The Communications Act of 1934, as amended as of the time
of enactment of this article.
EQUIPMENT
Any tangible asset used to install, repair, or maintain a
facility in the public way.
EXEMPT
A service which is provided to residences or businesses within the service area, but which is exempt from the provisions of this article under §
316-10B of this article.
FACILITY
Any tangible asset in the public way used or required to
provide a nonexempt service to residences or businesses within the
service area. The following are not a facility: a railroad, street
railway, gas pipe, electric conduit, electric piping, telephone pole,
telegraph pole, electric light pole, electric power pole, coal tipple
or obstruction to the public way.
NONEXEMPT
A service which is provided to residences or businesses within the service area, but which is not exempt from the provisions of this article under §
316-10B of this article.
PERSON
Any natural person, sole proprietorship, partnership, association,
limited-liability company, corporation or other form of organization
authorized to do business in the Commonwealth of Pennsylvania and
which provides or seeks to provide one or more nonexempt services
to residences or businesses in the service area. A governmental entity
or a municipal authority is not a person.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
PUBLIC WAY
The surface of, and the space above and below, any public
street, unopened right-of-way, highway, turnpike, bridge, land path,
alley, court, boulevard, sidewalk, parkway, way, lane, public way,
drive, circle, or other public right-of-way held by the Township in
the service area. "Public way" shall also mean any easement now or
hereafter held by the Township within the service area for the purpose
of public travel and/or for utility and/or public service use dedicated
for compatible uses.
SERVICE AREA
The present municipal boundaries of the Township, and shall
include any additions thereto by annexation or other legal means.
TOWNSHIP
The Township of Schuylkill, County of Chester, Commonwealth
of Pennsylvania, or the lawful successor, transferee, or assignee
thereof.
Each person, other than on a transitory basis, who occupies
or uses or seeks to occupy or use a public way to provide a nonexempt
service to residences or businesses within the service area or places
any equipment or facility in a public way other than on a transitory
basis, including a person with installation and maintenance responsibilities
by lease, sublease or assignment, must register with the Township.
Registration is accomplished by filing with the Township a completed
provider certification in the form shown at Appendix A to this article.